Madhya Pradesh High Court
Niranjan Singh Kushwaha vs The State Of Madhya Pradesh on 4 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-643-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 643 of 2024
(NIRANJAN SINGH KUSHWAHA Vs THE STATE OF MADHYA PRADESH )
Dated : 04-10-2024
Shri S.K. Tiwari - Advocate for the appellant.
Shri Naval Gupta - Public Prosecutor for the State.
Heard on I.A. No.19643/2024, which is first application under Section 430
of the BNSS for suspension of sentence and grant of bail moved on behalf of
appellant - Niranjan Singh.
This criminal appeal assails the judgment dated 11.12.2023 passed by
Special Judge, (Atrocities) Act, Vidisha (M.P.) in Special Sessions Case
No.68/2020, whereby appellant has been convicted under Section 302 of IPC read
with Section 3(2) (v) of S.C.S.T. Act and sentenced to undergo Life Imprisonment
with fine of Rs.2,000/- with default stipulation.
It is the submission of learned counsel for the appellant that the trial Court
erred in convicting and awarding the jail sentence to the present appellant. It is
further submitted that four accused have been acquitted by the trial Court on the
basis of the fact that their weapons (Lathis) seized from them did not contain any
blood over that weapon. Counsel for the appellant referred Ex-P/24 which is
seizure memo regarding seizure of lathi from the possession of present appellant,
but that memo does not refer presence of any blood over the lathi seized from him.
Thus, it renders the prosecution case doubtful. Even otherwise, the testimony of
Ajmera Singh does not evoke credence and confidence because of the
omissions/contradictions and abnormal human conduct. Appellant is aged 33
years and already suffered one year of incarceration as pre and post-trial. The
2 CRA-643-2024
appellant has good case on merits and hearing of the appeal would take some time.
Fine amount has already been deposited. On the aforesaid grounds, he prays for
suspension of sentence and grant of bail to the present appellant.
Learned counsel for the State opposed the application and prayed for its
dismissal.
Heard the counsel for the parties at length and considered the arguments
advanced by them.
Considering the facts and circumstances of the case, without commenting
on the merits of the case, the application is allowed subject to deposit of fine
amount and it is ordered that on furnishing a personal bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the
satisfaction of the concerned trial Court, appellant's jail sentence shall remain
suspended till disposal of this appeal and he be released on bail. The appellant is
further directed to remain present before the Registry of this Court on 09.12.2024
and, thereafter, on such subsequent dates as may be fixed by the Registry.
I.A. No.19643/2024 is allowed and stands disposed of.
Copy of this order be sent to the trial Court concerned for compliance for
the office of this Court.
Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Rashid
